10 U.S. Code § 2310 - Determinations and decisions

(a) Individual or Class Determinations and Decisions Authorized.— Determinations and decisions required to be made under this chapter by the head of an agency may be made for an individual purchase or contract or, except to the extent expressly prohibited by another provision of law, for a class of purchases or contracts. Such determinations and decisions are final.

(b) Written Findings Required.—

(1)Each determination or decision under section
2306(g)(1),
2307(d), or
2313(c)(2)(B) of this title shall be based on a written finding by the person making the determination or decision. The finding shall set out facts and circumstances that support the determination or decision.

(2)Each finding referred to in paragraph (1) is final. The head of the agency making such finding shall maintain a copy of the finding for not less than 6 years after the date of the determination or decision.

“(a) Determinations and decisions required to be made under this chapter by the head of an agency may be made for an individual purchase or contract or, except for determinations and decisions under section
2304 or
2305 of this title, for a class of purchases or contracts. Such a determination or decision, including a determination or decision under section
2304 or
2305 of this title, is final.

“(b) Each determination or decision under section
2306(c),
2306(g)(1),
2307(c), or
2313(c) of this title shall be based on a written finding by the person making the determination or decision, which finding shall set out facts and circumstances that—

“(1) clearly indicate why the type of contract selected under section
2306(c) of this title is likely to be less costly than any other type or that it is impracticable to obtain property or services of the kind or quality required except under such a contract;

“(2) support the findings required by section
2306(g)(1) of this title;

“(3) clearly indicate why advance payments under section
2307(c) of this title would be in the public interest; or

“(4) clearly indicate why the application of section
2313(b) of this title to a contract or subcontract with a foreign contractor or foreign subcontractor would not be in the public interest.

Such a finding is final and shall be kept available in the agency for at least six years after the date of the determination or decision. A copy of the finding shall be submitted to the General Accounting Office with each contract to which it applies.”

1984—Subsec. (a). Pub. L. 98–369, § 2725(1), inserted “, except for determinations and decisions under section 2304 or 2305 of title,” and “, including a determination or decision under section
2304 or
2305 of this title,”.

Subsec. (b). Pub. L. 98–369, § 2725(2), amended subsec. (b) generally, striking out requirement that determinations to negotiate contracts be based on written findings by the contracting officers making the determinations.

1968—Subsec. (b). Pub. L. 90–378inserted “section
2306 (g)(1),” after “clauses (11)–(16) of section
2304(a), section
2306(c),”, and “(3) support the findings required by section
2306(g)(1),” after “kind or quality required except under such a contract,”, and redesignated former cls. (3) to (5) as (4) to (6), respectively.

1962—Subsec. (b). Pub. L. 87–653substituted “section
2306(c)” for “section
2306”, required decisions to negotiate contracts under section
2304(a)(2), (7), (8), (10) to (12) of this title to be based on a written finding by the person making the decision, which findings shall set out facts and circumstances illustrative of conditions described in section
2304(a)(11) to (16), indicate why the type of contract selected under section
2306(c) is likely to be less costly than any other or that its impracticable to obtain the required property or services except under such contract, indicate why advance payments under section
2307(c) would be in the public interest, or establish with respect to section
2304(a), (2), (7), (8), (10) to (12) that formal advertising would not have been feasible and practicable.

Amendment by Pub. L. 98–369applicable with respect to any solicitation for bids or proposals issued after Mar. 31, 1985, see section 2751 ofPub. L. 98–369, set out as a note under section
2302 of this title.